DISCLAIMER

The full text of certain NPDES permits and the associated fact sheets has been made available to 

provide online access to this public information. EPA is making permits and fact sheets available 

electronically to provide convenient access for interested public parties and as a reference for 

permit writers. The ownership of these documents lies with the permitting authority, typically a 

State with an authorized NPDES program. 

While EPA makes every effort to ensure that this web site remains current and contains the final 

version of the active permit, we cannot guarantee it is so. For example, there may be some delay 

in posting modifications made after a permit is issued. Also note that not all active permits are 

currently available electronically. Only permits and fact sheets for which the full text has been 

provided to Headquarters by the permitting authority may be made available. Headquarters has 

requested the full text only for permits as they are issued or reissued, beginning November 1, 

2002. 

Please contact the appropriate permitting authority (either a State or EPA Regional office) prior to 

acting on this information to ensure you have the most up-to-date permit and/or fact sheet. EPA 

recognizes the official version of a permit or fact sheet to be the version designated as such and 

appropriately stored by the respective permitting authority. 

The documents are gathered from all permitting authorities, and all documents thus obtained are 

made available electronically, with no screening for completeness or quality. Thus, availability 

on the website does not constitute endorsement by EPA.
DECEMBER 23, 2002 

MR JERE TRIGG 

SUPERINTENDENT 

UOP LLC MOBILE PLANT 

1 LINDE DRIVE 

CHICKASAW AL 36611 

RE: NPDES Permit Number AL0002666 

Dear Mr. Trigg: 

Attached is the issued copy of the above referenced permit. 

We will look forward to receiving monitoring data in accordance with the conditions of your 

Permit. Please see PART I.C., Page 3 for your reporting requirements. In order to minimize 

the paperwork burden on both of us, we ask that when submitting the required Discharge 

Monitoring Reports (DMR's), please do not submit lab worksheets, logs, reports or other 

paperwork, not specifically required by the permit unless requested to do so by ADEM staff. 

If there are questions or comments in reference to the permit or related monitoring 

requirements, please contact Eric Sanderson of this office (334) 271-7838. 

Sincerely, 

Eric Sanderson, Chief 

Industrial Section 

Water Division 

/sh 

Enclosure: Final Permit 

pc: EPA Region IV: Final Permit 

Mike McCary, P & S: Final Permit 

Montgomery Field Office: Final Permit 
 ADEM

ALABAMA 

DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 

NATIONAL POLLUTANT 

DISCHARGE ELIMINATION 

SYSTEM PERMIT

PERMITTEE: UOP LLC MOBILE PLANT

FACILITY LOCATION: 1 LINDE DRIVE 

 CHICKASAW, ALABAMA

PERMIT NUMBER: AL 0002666

RECEIVING WATERS: DSN001 & DSN002: CHICKASAW CREEK VIA ALABAMA POWER CANAL 

DSN003 & DSN004: CHICKASAW CREEK 

In accordance with and subject to the provisions of the Federal Water Pollution Control Act, as amended, 33 U.S.C. §§1251-1378 (the "FWPCA"), the 

Alabama Water Pollution Control Act, as amended, Code of Alabama 1975, §§ 22-22-1 to 22-22-14 (the "AWPCA"), the Alabama Environmental 

Management Act, as amended, Code of Alabama 1975, §§22-22A-1 to 22-22A-15, and rules and regulations adopted thereunder, and subject further to 

the terms and conditions set forth in this permit, the Permittee is hereby authorized to discharge into the above-named receiving waters. 

ISSUANCE DATE: 

EFFECTIVE DATE: JANUARY 1, 2003 

EXPIRATION DATE: DECEMBER 31, 2007 

 

 

Alabama Department of Environmental Management
UOP LLC MOBILE PLANT 

NPDES PERMIT NUMBER AL0002666 PART I Page 1 

PART I

A. DISCHARGE LIMITATIONS AND MONITORING REQUIREMENTS 

During the period beginning on the effective date of this permit and lasting until Noveauthorized to discharge from the following point source(s) outfall(s), described application: DSN001 & DSN002: Combined facility discharge consisting of process blowdown, and boiler blowdown. Such discharge shall be limited and monitored by the permittee as specified below: 

CODE EFFLUENT CHARACTERISTIC UNITS DISCHARGE LIM

Daily Minimum Daily Maxi

 

50050 Flow 3/ MGD - Monitor 

00400 pH 3/ s.u. 6.0 9.0 00530 Total Suspended Solids ppd - 3,000 00600 Nitrogen, Total ppd - 400 00610 Ammonia as Nitrogen ppd - 125 00665 Phosphorus, Total ppd - 50 

00310 Biochemical Oxygen Demand,5 day ppd - Monitor 71870 Bromides, Total ppd - 2,213 00940 Chlorides, Total ppd - Monitor 00945 Sulfates, Total ppd - Monitor 70296 Total Dissolved Solids ppd - Monitor 01009 Barium, Dissolved ppd - 50 01118 Chromium, Total Recoverable ppd - 8.2 01119 Copper, Total Recoverable ppd - 1.03 01074 Nickel, Total Recoverable ppd - 10 01094 Zinc, Total Recoverable ppd - 25 01079 Silver, Total Recoverable 6/ ppd - 0.26 

71901 Mercury, Total Recoverable 9/ ppd - 0.078 TCE6C 24-Hour Acute Biomonitoring 7/ 8/ %Mortality - 10 

THE DISCHARGE SHALL HAVE NO SHEEN, AND THERE SHALL BE NO DISCHA

 FLOATING SOLIDS OR VISIBLE FOAM IN OTHER THAN TRACE A

1/ Unless otherwise specified, samples may be prepared by combining flow proportioned aliquots from composite 

parameter monitored at DSN001 and DSN002, or the DSN001 and DSN002 samples may be tested and a mass 

2/ Monthly average limits apply only when a parameter is monitored more than once in a month. 

3/ Flow and pH shall be monitored separately for DSN001 and DSN002 4/ A minimum of one grab sample shall be collected during every (8) hour period that the effluent discharge pumps 5/ Except where otherwise noted, permit limitations apply for the combined total from outfall DSN001 and DSN002. 6/ Monitoring for compliance shall be conducted using a site-specific minimum level (ML) of 0.016 mg/l. 7/ See Part IV.C. 8/ The once per month toxicity testing shall be conducted during those periods when there are discharges result

applicable. Discharges from specialty product production not included in the permit application will require subm

by the permittee. 

9/ If after three months following the effective date of the permit, monitoring shows mercury is not present in the d

be reduced from once per week to twice per quarter with the samples being obtained within the same calendar m
UOP LLC MOBILE PLANT 

NPDES PERMIT NUMBER AL0002666 PART I Page 1 

PART I

A. DISCHARGE LIMITATIONS AND MONITORING REQUIREMENTS 

During the period beginning December 1, 2003, and lasting through the expiration daauthorized to discharge from the following point source(s) outfall(s), described application: DSN001 & DSN002: Combined facility discharge consisting of process blowdown, and boiler blowdown. Such discharge shall be limited and monitored by the permittee as specified below: 

CODE EFFLUENT CHARACTERISTIC UNITS DISCHARGE LIM

Daily Minimum Daily Maxi

50050 Flow 3/ MGD - Monitor 

00400 pH 3/ s.u. 6.0 9.0 00530 Total Suspended Solids ppd - 3,000 00600 Nitrogen, Total ppd - 400 00610 Ammonia as Nitrogen ppd - 125 00665 Phosphorus, Total ppd - 50 

00310 Biochemical Oxygen Demand,5 day ppd - Monitor 71870 Bromides, Total ppd - 2,213 00940 Chlorides, Total ppd - Monitor 00945 Sulfates, Total ppd - Monitor 70296 Total Dissolved Solids ppd - Monitor 01009 Barium, Dissolved ppd - 50 01118 Chromium, Total Recoverable ppd - 8.2 01119 Copper, Total Recoverable ppd - 1.03 01074 Nickel, Total Recoverable ppd - 10 01094 Zinc, Total Recoverable ppd - 25 01079 Silver, Total Recoverable 6/ ppd - 0.26 

71901 Mercury, Total Recoverable 9/ ppd - 0.0052 TEP3B 7Day Chronic Biomonitoring 7/ 8/ %Mortality - 20 

TEP6C 7Day Chronic Biomonitoring 7/ 8/ %Mortality - 20 

THE DISCHARGE SHALL HAVE NO SHEEN, AND THERE SHALL BE NO DISCHA

 FLOATING SOLIDS OR VISIBLE FOAM IN OTHER THAN TRACE A

1/ Unless otherwise specified, samples may be prepared by combining flow proportioned aliquots from composite 

parameter monitored at DSN001 and DSN002, or the DSN001 and DSN002 samples may be tested and a mass 

2/ Monthly average limits apply only when a parameter is monitored more than once in a month. 

3/ Flow and pH shall be monitored separately for DSN001 and DSN002 4/ A minimum of one grab sample shall be collected during every (8) hour period that the effluent discharge pumps 5/ Except where otherwise noted, permit limitations apply for the combined total from outfall DSN001 and DSN002. 6/ Monitoring for compliance shall be conducted using a site-specific minimum level (ML) of 0.016 mg/l. 7/ See Part IV.C. 8/ The once per month toxicity testing shall be conducted during those periods when there are discharges result

applicable. Discharges from specialty product production not included in the permit application will require subm

by the permittee. 

9/ If after three months following the effective date of the permit, monitoring data shows mercury is not present in 

shall be reduced from once per week to twice per quarter with the samples being obtained within the same calen
UOP LLC MOBILE PLANT 

NPDES PERMIT NUMBER AL0002666 PART I Page 1a 

PART I 

A. DISCHARGE LIMITATIONS AND MONITORING REQUIREMENTS 

During the period beginning on the effective date of this permit and lasting through ththe permittee is authorized to discharge from the following point source(s) outfallpermittee's application: DSN003 & DSN004: Storm water runoff from non-process areas associated witand catalysts manufacture. Such discharge shall be limited and monitored by the permittee as specified below: 

CODE EFFLUENT CHARACTERISTIC UNITS DISCHARGE LIM

Daily Minimum Daily Maxi

 

50050 Flow MGD - Monitor 00400 pH s.u. Monitor Monitor 81017 Chemical Oxygen Demand mg/l - Monitor 03582 Oil and Grease mg/l - 15.0 00530 Total Suspended Solids mg/l - Monitor 00600 Nitrogen, Total mg/l - Monitor 71870 Bromides, Total mg/l - Monitor 00940 Chlorides, Total mg/l - Monitor 00945 Sulfates, Total mg/l - Monitor 70296 Total Dissolved Solids mg/l - Monitor 01009 Barium, Total Recoverable mg/l - Monitor 01118 Chromium, Total Recoverable mg/l - Monitor 01119 Copper, Total Recoverable mg/l - Monitor 01074 Nickel, Total Recoverable mg/l - Monitor 01094 Zinc, Total Recoverable mg/l - Monitor 01079 Silver, Total Recoverable mg/l - Monitor 01045 Iron, Total Recoverable mg/l - Monitor 01104 Aluminum, Total Recoverable mg/l - Monitor 

THE DISCHARGE SHALL HAVE NO SHEEN, AND THERE SHALL BE NO DISCHA

 FLOATING SOLIDS OR VISIBLE FOAM IN OTHER THAN TRACE A

1/ Samples collected to comply with the monitoring requirements specified above shall be collected a

of this permit. Unless otherwise specified, composite samples shall be time composite samples 

equipment or a minimum of eight (8) equal volume grab samples collected over equal time intervcollected for the total period of discharge not to exceed 24 hours. 

2/ Monthly average limits apply only when a parameter is monitored more than once in a month. 

3/ See Part IV.F. 


INDUSTRIAL SECTION 

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT 

TABLE OF CONTENTS 

PART I DISCHARGE LIMITATIONS, CONDITIONS, AND REQUIREMENTS 

A. Discharge Limitations and Monitoring Requirements 

B. Discharge Monitoring and Record Keeping Requirements 

 1. Representative Sampling 

 2. Test Procedures 

 3. Recording of Results 

 4. Records Retention and Production 

 5. Monitoring Equipment and Instrumentation 

C. Discharge Reporting Requirements 

 1. Reporting of Monitoring Requirements 

 2. Noncompliance Notification 

D. Other Reporting and Notification Requirements 

 1. Anticipated Noncompliance 

 2. Termination of Discharge 

 3. Updating Information 

 4. Duty to Provide Information 

 5. Cooling Water Additives 

 6. Permit Issued Based on Estimated Characteristics 

E. Schedule of Compliance 

PART II OTHER REQUIREMENTS, RESPONSIBILITIES, AND DUTIES 

A. Operational and Management Requirements 

 1. Facilities Operation and Maintenance 

 2. Best Management Practices 

 3. Spill Prevention, Control, and Management 

B. Other Responsibilities 

 1. Duty to Mitigate Adverse Impact 

 2. Right of Entry and Inspection 

C. Bypass and Upset 

 1. Bypass 

 2. Upset 

D. Duty to Comply with Permit, Rules, and Statutes 

 1. Duty to Comply 

 2. Removed Substances 

 3. Loss or Failure of Treatment Facilities 

 4. Compliance with Statutes and Rules 

E. Permit Transfer, Modification, Suspension, Revocation, and Reissuance 

 1. Duty to Reapply or Notify of Intent 

 2. Change in Discharge 

 3. Transfer of Permit 

 4. Permit Modification and Revocation 

 5. Permit Termination 

 6. Permit Suspension 

 7. Request for Permit Action Does Not Stay Any Permit Requirement 

F. Compliance with Toxic Pollutant Standard or Prohibition 

G. Discharge of Wastewater Generated by Others 

PART III OTHER PERMIT CONDITIONS 

A. Civil and Criminal Liability 

B. Oil and Hazardous Substance Liability 

C. Property and Other Rights 

D. Availability of Reports 

E. Expiration of Permits for New or Increased Discharges 

F. Compliance with Water Quality Standards 

G. Groundwater 

H. Definitions 

I. Severability 

PART IV ADDITIONAL REQUIREMENTS, CONDITIONS, AND LIMITATIONS 

A. Discharge Information Zone (DIZ) Requirements 

B. Best Management Practices (BMP) Plan Requirements 

C. Effluent Toxicity Limitations and Biomonitoring Requirements (Acute Testing) 

D. Effluent Toxicity Limitations and Biomonitoring Requirements (Chronic Testing) 

E. Storm Water Flow Measurement and Sampling Requirements 
PART I 

Page 2

B. DISCHARGE MONITORING AND RECORD KEEPING REQUIREMENTS

 1. Representative Sampling 

Samples and measurements taken as required herein shall be representative of the volume and nature of the monitored discharge 

and shall be in accordance with the provisions of this permit. 

 2. Test Procedures 

For the purpose of reporting and compliance, permittees shall use one of the following procedures: 

a. For parameters with an EPA established Minimum Level (ML), report the measured value if the analytical result is at 

or above the ML and report “0” for values below the ML. Test procedures for the analysis of pollutants shall conform 

to 40 CFR Part 136 and guidelines published pursuant to Section 304(h) of the FWPCA, 33 U.S.C. Section 1314(h). If 

more than one method for analysis of a substance is approved for use, a method having a minimum level lower than the 

permit limit shall be used. If the minimum level of all methods is higher than the permit limit, the method having the 

lowest minimum level shall be used and a report of less than the minimum level shall be reported as zero and will 

constitute compliance, however should EPA approve a method with a lower minimum level during the term of this 

permit the permittee shall use the newly approved method. 

b. For pollutants parameters without an established ML, an interim ML may be utilized. The interim ML shall be 

calculated as 3.18 times the Method Detection Level (MDL) calculated pursuant to 40 CFR Part 136, Appendix B. 

Permittees may develop an effluent matrix-specific ML, where an effluent matrix prevents attainment of the 

established ML. However, a matrix specific ML shall be based upon proper laboratory method and technique. Matrixspecific MLs must be approved by the Department, and may be developed by the permittee during permit issuance, 

reissuance, modification, or during compliance schedule. 

In either case the measured value should be reported if the analytical result is at or above the ML and “0” reported for 

values below the ML. 

c. For parameters without an EPA established ML, interim ML, or matrix-specific ML, a report of less than the detection 

limit shall constitute compliance if the detection limit of all analytical methods is higher than the permit limit. For the 

purpose of calculating a monthly average, “0” shall be used for values reported less than the detection limit. 

The Minimum Level utilized for procedures A and B above shall be reported on the permittee’s DMR. When an EPA 

approved test procedure for analysis of a pollutant does not exist, the Director shall approve the procedure to be used. 

 3. Recording of Results 

For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following 

information: 

 a. The facility name and location, point source number, date, time and exact place of sampling; 

 b. The name(s) of person(s) who obtained the samples or measurements; 

 c. The dates and times the analyses were performed; 

 d. The name(s) of the person(s) who performed the analyses; 

 e. The analytical techniques or methods used, including source of method and method number; and 

 f. The results of all required analyses. 

 4. Records Retention and Production 

The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all 

original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by the permit, and 

records of all data used to complete the above reports or the application for this permit, for a period of at least three years from 

the date of the sample measurement, report or application. This period may be extended by request of the Director at any time. If 

litigation or other enforcement action, under the AWPCA and/or the FWPCA, is ongoing which involves any of the above 

records, the records shall be kept until the litigation is resolved. Upon the written request of the Director or his designee, the 
PART I 

Page 3 

permittee shall provide the Director with a copy of any record required to be retained by this paragraph. Copies of these records 

shall not be submitted unless requested. 

All records required to be kept for a period of three years shall be kept at the permitted facility or an alternate location approved 

by the Department in writing and shall be available for inspection. 

 

 5. Monitoring Equipment and Instrumentation 

All equipment and instrumentation used to determine compliance with the requirements of this permit shall be 

installed, maintained, and calibrated in accordance with the manufacturer’s instructions or, in the absence of 

manufacturer’s instructions, in accordance with accepted practices. The permittee shall develop and maintain 

quality assurance procedures to ensure proper operation and maintenance of all equipment and instrumentation. The 

quality assurance procedures shall include the proper use, maintenance, and installation, when appropriate, of 

monitoring equipment at the plant site.

C. DISCHARGE REPORTING REQUIREMENTS 

 1. Reporting of Monitoring Requirements 

 a. The permittee shall conduct the required monitoring in accordance with the following schedule: 

MONITORING REQUIRED MORE FREQUENTLY THAN MONTHLY AND MONTHLY shall be conducted 

during the first full month following the effective date of coverage under this permit and every month thereafter. 

QUARTERLY MONITORING shall be conducted at least once during each calendar quarter. Calendar quarters are the 

periods of January through March, April through June, July through September, and October through December. The 

permittee shall conduct the quarterly monitoring during the first complete calendar quarter following the effective date 

of this permit and is then required to monitor once during each quarter thereafter. Quarterly monitoring may be done 

anytime during the quarter, unless restricted elsewhere in this permit, but it should be submitted with the last DMR due 

for the quarter, i.e. (March, June, September and December DMRs). 

SEMIANNUAL MONITORING shall be conducted at least once during the period of January through June and at 

least once during the period of July through December. The permittee shall conduct the semiannual monitoring during 

the first complete calendar semiannual period following the effective date of this permit and is then required to monitor 

once during each semiannual period thereafter. Semiannual monitoring may be done anytime during the semiannual 

period, unless restricted elsewhere in this permit, but it should be submitted with the last DMR due for the month of the 

semiannual period, i.e. (June and December DMRs). 

ANNUAL MONITORING shall be conducted at least once during the period of January through December. The 

permittee shall conduct the annual monitoring during the first complete calendar annual period following the effective 

date of this permit and is then required to monitor once during each annual period thereafter. Annual monitoring may 

be done anytime during the year, unless restricted elsewhere in this permit, but it should be submitted with the 

December DMR. 

b. The permittee shall submit discharge monitoring reports (DMRs) on the forms provided by the Department and in 

accordance with the following schedule: 

REPORTS OF MORE FREQUENTLY THAN MONTHLY AND MONTHLY TESTING shall be submitted on a 

monthly basis. The first report is due on the 28th day of February 2003. The reports shall be submitted so that they 

are received by the Department no later than the 28th day of the month following the reporting period. 

REPORTS OF QUARTERLY TESTING shall be submitted on a quarterly basis. The first report is due on the 28th 

day of [ ]. The reports shall be submitted so that they are received by the Department no later than the 28th day of the 

month following the reporting period. 

REPORTS OF SEMIANNUAL TESTING shall be submitted on a [ semiannual ] basis. The reports are due on the 28th 

day of JANUARY and the 28th day of JULY. The reports shall be submitted so that they are received by the 

Department no later than the 28th day of the month following the reporting period. 

REPORTS OF ANNUAL TESTING shall be submitted on an [ annual ] basis. The first report is due on the 28th day of 

JANUARY . The reports shall be submitted so that they are received by the Department no later than the 28th day of 

the month following the reporting period. 
PART I 

Page 4 

c. The DMR must be legible and bear an original signature. Photo and electronic copies of the signature are not 

acceptable and shall not satisfy the reporting requirements of this permit. If the permittee, using 

approved analytical methods as specified in Provision I. B. 2. monitors any discharge from a point source for a limited 

substance identified in Provision I. A. of this permit more frequently than required by this permit, the results of such 

monitoring shall be included in the calculation and reporting of values on the DMR Form and the increased frequency 

shall be indicated on the DMR Form. In the event no discharge from a point source identified in Provision I. A of this 

permit and described more fully in the permittee's application occurs during a monitoring period, the permittee shall 

report "No Discharge" for such period on the appropriate DMR Form. 

d. All reports and forms required to be submitted by this permit, the AWPCA and the Department's Rules and regulations, 

shall be signed by a "responsible official" of the permittee as defined in ADEM Administrative Code Rule 335-6-6-.09 

or a "duly authorized representative" of such official as defined in ADEM Administrative Code Rule 335-6-6-.09 and 

shall bear the following certification: 

"I certify under penalty of law that this document and all attachments were prepared under my direction or 

supervision in accordance with a system designed to assure that qualified personnel properly gather and 

evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or 

those persons directly responsible for gathering information, the information submitted is, to the best of my 

knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for 

submitting false information, including the possibility of fine and imprisonment for knowing violations." 

e. The permittee may certify in writing that a discharge will not occur for an extended period of time and after such 

certification shall not be required to submit monitoring reports. Written notification of a planned resumption of 

discharge shall be submitted at least 30 days prior to resumption of the discharge. If an unplanned resumption of 

discharge occurs, written notification shall be submitted within 7 days of the resumption. In any case, all discharges 

shall comply with all provisions of this permit. 

f. All reports and forms required to be submitted by this permit, the AWPCA and the Department's Rules, shall be 

addressed to: 

Alabama Department of Environmental Management 

Industrial Section, Water Division 

Post Office Box 301463 

Montgomery, Alabama 36130-1463

 Certified and Registered Mail shall be addressed to: 

Alabama Department of Environmental Management 

Industrial Section, Water Division 

1400 Coliseum Boulevard 

Montgomery, Alabama 36110-2059

g. If this permit is a re-issuance, then the permittee shall continue to submit DMRs in accordance with the 

requirements of their previous permit until such time as DMRs are due as discussed in Part I.C.1.b. above.

 2. Noncompliance Notification 

a. 24-Hour Noncompliance Reporting 

The permittee shall report to the Director, within 24-hours of becoming aware of any noncompliance which may 

endanger health or the environment. This shall include but is not limited to the following circumstances: 

(1) does not comply with any daily minimum or maximum discharge limitation for an effluent characteristic 

specified in Provision I. A. of this permit which is denoted by an "(X)", 

(2) threatens human health or welfare, fish or aquatic life, or water quality standards, 

(3) does not comply with an applicable toxic pollutant effluent standard or prohibition established under Section 

307(a) of the FWPCA, 33 U.S.C. Section 1317(a), 

(4) contains a quantity of a hazardous substance which has been determined may be harmful to public health or 

welfare under Section 311(b)(4) of the FWPCA, 33 U.S.C. Section 1321(b)(4), 

(5) exceeds any discharge limitation for an effluent characteristic as a result of an unanticipated bypass or upset, 

and 
PART I 

Page 5 

(6) is an unpermitted direct or indirect discharge of a pollutant to a water of the state (unpermitted discharges 

properly reported to the Department under any other requirement are not required to be reported under this 

provision). 

The permittee shall orally report the occurrence and circumstances of such discharge to the Director within 24-hours 

after the permittee becomes aware of the occurrence of such discharge. In addition to the oral report, the permittee 

shall submit to the Director or Designee a written report as provided in Provision I. C. 2. c. no later than five (5) days 

after becoming aware of the occurrence of such discharge. 

b. If for any reason, the permittee's discharge does not comply with any limitation of this permit, the permittee shall 

submit to the Director or Designee a written report as provided in Provision I. C. 2. c. below, such report shall be 

submitted with the next Discharge Monitoring Report required to be submitted by Provision I. C. 1. of this permit after 

becoming aware of the occurrence of such noncompliance. 

c. Any written report required to be submitted to the Director or Designee by Provision I. C. 2 a. or b. shall be submitted 

using a copy of the Noncompliance Notification Form provided with this permit and shall include the following 

information: 

 (1) A description of the discharge and cause of noncompliance; 

(2) The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the 

noncompliance is expected to continue; and 

(3) A description of the steps taken and/or being taken to reduce or eliminate the noncomplying discharge and to 

prevent its recurrence. 

D. OTHER REPORTING AND NOTIFICATION REQUIREMENTS

 1. Anticipated Noncompliance 

The permittee shall give the Director written advance notice of any planned changes or other circumstances regarding a facility

which may result in noncompliance with permit requirements. 

 2. Termination of Discharge 

The permittee shall notify the Director, in writing, when all discharges from any point source(s) identified in Provision I. A. of 

this permit have permanently ceased. This notification shall serve as sufficient cause for instituting procedures for modification 

or termination of the permit. 

 3. Updating Information 

a. The permittee shall inform the Director of any change in the permittee's mailing address or telephone number or in the 

permittee's designation of a facility contact or office having the authority and responsibility to prevent and abate 

violations of the AWPCA, the Department's Rules and the terms and conditions of this permit, in writing, no later than 

ten (10) days after such change. Upon request of the Director or his designee, the permittee shall furnish the Director 

with an update of any information provided in the permit application. 

b. If the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect 

information in a permit application or in any report to the Director, it shall promptly submit such facts or information 

with a written explanation for the mistake and/or omission. 

 4. Duty to Provide Information 

The permittee shall furnish to the Director, within a reasonable time, any information which the Director or his designee may 

request to determine whether cause exists for modifying, revoking and re-issuing, suspending, or terminating this permit, in 

whole or in part, or to determine compliance with this permit. 

 5. Cooling Water and Boiler Water Additives 

a. The permittee shall notify the Director in writing not later than thirty (30) days prior to instituting the use of any 

biocide corrosion inhibitor or chemical additive in a cooling or boiler system, not identified in the application for this 

permit, from which discharge is allowed by this permit. Notification is not required for additives that do not contain a 

heavy metal(s) as an active ingredient and that pass through a wastewater treatment system prior to discharge nor is 

notification required for additives that should not reasonably be expected to cause the cooling water or boiler water to 

exhibit toxicity as determined by analysis of manufacturer's data or testing by the permittee. Such notification shall 

include: 
 PART II 

Page 6 

(1) name and general composition of biocide or chemical, 

(2) 96-hour median tolerance limit data for organisms representative of the biota of the waterway into which the 

discharge will ultimately reach, 

(3) quantities to be used, 

 (4) frequencies of use, 

 (5) proposed discharge concentrations, and 

 (6) EPA registration number, if applicable. 

b. The use of a biocide or additive containing tributyl tin, tributyl tin oxide, zinc, chromium or related compounds in 

cooling or boiler system(s), from which a discharge regulated by this permit occurs, is prohibited except as exempted 

below. The use of a biocide or additive containing zinc, chromium or related compounds may be used in special 

circumstances if (1) the permit contains limits for these substances, or (2) the applicant demonstrates during the 

application process that the use of zinc, chromium or related compounds as a biocide or additive will not pose a 

reasonable potential to violate the applicable State water quality standards for these substances. The use of any 

additive, not identified in this permit or in the application for this permit or not exempted from notification under this 

permit is prohibited, prior to a determination by the Department that permit modification to control discharge of the 

additive is not required or prior to issuance of a permit modification controlling discharge of the additive. 

 6. Permit Issued Based On Estimated Characteristics 

a. If this permit was issued based on estimates of the characteristics of a process discharge reported on an EPA NPDES 

Application Form 2D (EPA Form 3510-2D), the permittee shall complete and submit an EPA NPDES Application 

Form 2C (EPA Form 3510-2C) no later than two years after the date that discharge begins. Sampling required for 

completion of the Form 2C shall occur when a discharge(s) from the process(s) causing the new or increased discharge 

is occurring. If this permit was issued based on estimates concerning the composition of a storm water discharge(s), the 

permittee shall perform the sampling required by EPA NPDES Application Form 2F (EPA Form 3510-2F) no later 

than one year after the industrial activity generating the storm water discharge has been fully initiated. 

b. This permit shall be reopened if required to address any new information resulting from the completion and submittal 

of the Form 2C and or 2F. 

E. SCHEDULE OF COMPLIANCE 

1. The permittee shall achieve compliance with the discharge limitations specified in Provision I. A. in accordance with the 

following schedule: 

COMPLIANCE SHALL BE ATTAINED ON THE EFFECTIVE DATE OF THIS PERMIT 

2. No later than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit either 

a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or 

noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the 

probability of meeting the next scheduled requirement. 

PART II 

A. OPERATIONAL AND MANAGEMENT REQUIREMENTS 

 1. Facilities Operation and Maintenance 

The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related

appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of the permit. Proper 

operation and maintenance includes effective performance, adequate funding, adequate operator staffing and training, and 

adequate laboratory and process controls, including appropriate quality assurance procedures. This provision requires the 

operation of backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit. 

 2. Best Management Practices 

a. Dilution water shall not be added to achieve compliance with discharge limitations except when the Director or his 

designee has granted prior written authorization for dilution to meet water quality requirements. 

b. The permittee shall prepare, implement, and maintain a Spill Prevention, Control and Countermeasures (SPCC) Plan in 

accordance with 40 C.F.R. Section 112 if required thereby. 
PART II 

Page 7 

c. The permittee shall prepare, submit for approval and implement a Best Management Practices (BMP) Plan for 

containment of any or all process liquids or solids, in a manner such that these materials do not present a significant 

potential for discharge, if so required by the Director or his designee. When submitted and approved, the BMP Plan 

shall become a part of this permit and all requirements of the BMP Plan shall become requirements of this permit. 

 3. Spill Prevention, Control, and Management 

The permittee shall provide spill prevention, control, and/or management sufficient to prevent any spills of pollutants from 

entering a water of the state or a publicly or privately owned treatment works. Any containment system used to implement this 

requirement shall be constructed of materials compatible with the substance(s) contained and which shall prevent the 

contamination of groundwater and such containment system shall be capable of retaining a volume equal to 110 percent of the 

capacity of the largest tank for which containment is provided. 

B. OTHER RESPONSIBILITIES 

 1. Duty to Mitigate Adverse Impacts 

The permittee shall promptly take all reasonable steps to mitigate and minimize or prevent any adverse impact on human health 

or the environment resulting from noncompliance with any discharge limitation specified in Provision I. A. of this permit, 

including such accelerated or additional monitoring of the discharge and/or the receiving waterbody as necessary to determine 

the nature and impact of the noncomplying discharge. 

 2. Right of Entry and Inspection 

 

The permittee shall allow the Director, or an authorized representative, upon the presentation of proper credentials and other 

documents as may be required by law to: 

a. enter upon the permittee's premises where a regulated facility or activity or point source is located or conducted, or 

where records must be kept under the conditions of the permit; 

 b. have access to and copy, at reasonable times, any records that must be kept under the conditions of the permit; 

c. inspect any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or 

required under the permit; and 

d. sample or monitor, for the purposes of assuring permit compliance or as otherwise authorized by the AWPCA, any 

substances or parameters at any location. 

C. BYPASS AND UPSET 

 1. Bypass 

 a. Any bypass is prohibited except as provided in b. and c. below: 

 b. A bypass is not prohibited if: 

(1) It does not cause any discharge limitation specified in Provision I. A. of this permit to be exceeded; 

(2) It enters the same receiving stream as the permitted outfall and; 

(3) It is necessary for essential maintenance of a treatment or control facility or system to assure efficient 

operation of such facility or system. 

 c. A bypass is not prohibited and need not meet the discharge limitations specified in Provision I. A. of this permit if: 

 (1) It is unavoidable to prevent loss of life, personal injury, or severe property damage; 

(2) There are no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of 

untreated wastes, or maintenance during normal periods of equipment downtime (this condition is not 

satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering 

judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive 

maintenance); and 
PART II 

Page 8 

(3) The permittee submits a written request for authorization to bypass to the Director at least ten (10) days prior 

to the anticipated bypass (if possible), the permittee is granted such authorization, and the permittee complies 

with any conditions imposed by the Director to minimize any adverse impact on human health or the 

environment resulting from the bypass. 

d. The permittee has the burden of establishing that each of the conditions of Provision II. C. 1. b. or c. have been met to 

qualify for an exception to the general prohibition against bypassing contained in a. and an exemption, where 

applicable, from the discharge limitations specified in Provision I. A. of this permit. 

 2. Upset 

a. A discharge which results from an upset need not meet the discharge limitations specified in Provision I. A. of this 

permit if: 

(1) No later than 24-hours after becoming aware of the occurrence of the upset, the permittee orally reports the 

occurrence and circumstances of the upset to the Director or his designee; and 

(2) No later than five (5) days after becoming aware of the occurrence of the upset, the permittee furnishes the 

Director with evidence, including properly signed, contemporaneous operating logs, or other relevant 

evidence, demonstrating that (i) an upset occurred; (ii) the permittee can identify the specific cause(s) of the 

upset; (iii) the permittee's facility was being properly operated at the time of the upset; and (iv) the permittee 

promptly took all reasonable steps to minimize any adverse impact on human health or the environment 

resulting from the upset. 

b. The permittee has the burden of establishing that each of the conditions of Provision II C. 2. a. of this permit have been 

met to qualify for an exemption from the discharge limitations specified in Provision I. A. of this permit. 

D. DUTY TO COMPLY WITH PERMIT, RULES, AND STATUTES 

 1. Duty to Comply 

a. The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the 

AWPCA and the FWPCA and is grounds for enforcement action, for permit termination, revocation and reissuance, 

suspension, modification; or denial of a permit renewal application. 

b. The necessity to halt or reduce production or other activities in order to maintain compliance with the conditions of the 

permit shall not be a defense for a permittee in an enforcement action. 

c. The discharge of a pollutant from a source not specifically identified in the permit application for this permit and not 

specifically included in the description of an outfall in this permit is not authorized and shall constitute noncompliance 

with this permit. 

d. The permittee shall take all reasonable steps, including cessation of production or other activities, to minimize or 

prevent any violation of this permit or to minimize or prevent any adverse impact of any permit violation. 

 2. Removed Substances 

Solids, sludges, filter backwash, or any other pollutant or other waste removed in the course of treatment or control of 

wastewaters shall be disposed of in a manner that complies with all applicable Department Rules. 

 3. Loss or Failure of Treatment Facilities 

Upon the loss or failure of any treatment facilities, including but not limited to the loss or failure of the primary source of power 

of the treatment facility, the permittee shall, where necessary to maintain compliance with the discharge limitations specified in 

Provision I. A. of this permit, or any other terms or conditions of this permit, cease, reduce, or otherwise control production

and/or all discharges until treatment is restored. If control of discharge during loss or failure of the primary source of power is to 

be accomplished by means of alternate power sources, standby generators, or retention of inadequately treated effluent, the 

permittee must furnish to the Director within six months a certification that such control mechanisms have been installed. 

 4. Compliance With Statutes and Rules 
PART II 

Page 9 

a. This permit has been issued under ADEM Administrative Code, Chapter 335-6-6. All provisions of this chapter, that 

are applicable to this permit, are hereby made a part of this permit. A copy of this chapter may be obtained for a small 

charge from the Office of General Counsel, Alabama Department of Environmental Management, 1751 Congressman 

Dickinson Drive, Montgomery, AL 36130. 

b. This permit does not authorize the noncompliance with or violation of any Laws of the State of Alabama or the United 

States of America or any regulations or rules implementing such laws. FWPCA, 33 U.S.C. Section 1319, and 

Code of Alabama 1975, Section 22-22-14. 

E. PERMIT TRANSFER, MODIFICATION, SUSPENSION, REVOCATION, AND REISSUANCE

 1. Duty to Reapply or Notify of Intent to Cease Discharge 

a. If the permittee intends to continue to discharge beyond the expiration date of this permit, the permittee shall file a 

complete permit application for reissuance of this permit at least 180 days prior to its expiration. If the permittee does 

not intend to continue discharge beyond the expiration of this permit, the permittee shall submit written notification of 

this intent which shall be signed by an individual meeting the signatory requirements for a permit application as set 

forth in ADEM Administrative Code Rule 335-6-6-.09. 

b. Failure of the permittee to apply for reissuance at least 180 days prior to permit expiration will void the automatic 

continuation of the expiring permit provided by ADEM Administrative Code Rule 335-6-6-.06 and should the permit 

not be reissued for any reason any discharge after expiration of this permit will be an unpermitted discharge. 

 2. Change in Discharge 

a. The permittee shall apply for a permit modification at least 180 days in advance of any facility expansion, production 

increase, process change, or other action that could result in the discharge of additional pollutants or increase the 

quantity of a discharged pollutant such that existing permit limitations would be exceeded or that could result in an 

additional discharge point. This requirement applies to pollutants that are or that are not subject to discharge limitations 

in this permit. No new or increased discharge may begin until the Director has authorized it by issuance of a permit 

modification or a reissued permit. 

 b. The permittee shall notify the Director as soon as it is known or there is reason to believe: 

(1) That any activity has occurred or will occur which would result in the discharge on a routine or frequent 

basis, of any toxic pollutant which is not limited in this permit, if that discharge will exceed the highest of the 

following notification levels: 

 (a) one hundred micrograms per liter; 

(b) two hundred micrograms per liter for acrolein and acrylonitrile; five hundred micrograms per liter 

for 2,4-dinitrophenol and for 2-methyl-4,6-dini-trophenol; and one milligram per liter for 

antimony; 

 (c) five times the maximum concentration value reported for that pollutant in the permit application; or 

(2) That any activity has occurred or will occur which would result in any discharge, on a non-routine or 

infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the 

highest of the following notification levels: 

 (a) five hundred micrograms per liter; 

 (b) one milligram per liter for antimony; 

 (c) ten times the maximum concentration value reported for that pollutant in the permit application. 

3. Transfer of Permit 

This permit may not be transferred or the name of the permittee changed without notice to the Director and subsequent 

modification or revocation and reissuance of the permit to identify the new permittee and to incorporate any other changes as 

may be required under the FWPCA or AWPCA. In the case of a change in name, ownership or control of the permittee's 
PART II 

Page 10

premises only, a request for permit modification in a format acceptable to the Director is required at least 30 days prior to the 

change. In the case of a change in name, ownership or control of the permittee's premises accompanied by a change or proposed 

change in effluent characteristics, a complete permit application is required to be submitted to the Director at least 180 days prior 

to the change. Whenever the Director is notified of a change in name, ownership or control, he may decide not to modify the 

existing permit and require the submission of a new permit application. 

 

4. Permit Modification and Revocation 

a. This permit may be modified or revoked and reissued, in whole or in part, during its term for cause, including but not 

limited to, the following: 

(1) If cause for termination under Provision II. E. 5. of this permit exists, the Director may choose to revoke and 

reissue this permit instead of terminating the permit; 

(2) If a request to transfer this permit has been received, the Director may decide to revoke and reissue or to 

modify the permit; or 

(3) If modification or revocation and reissuance is requested by the permittee and cause exists, the Director may 

grant the request. 

 b. This permit may be modified during its term for cause, including but not limited to, the following: 

(1) If cause for termination under Provision II. E. 5. of this permit exists, the Director may choose to modify this 

permit instead of terminating this permit; 

(2) There are material and substantial alterations or additions to the facility or activity generating wastewater 

which occurred after permit issuance which justify the application of permit conditions that are different or 

absent in the existing permit; 

(3) The Director has received new information that was not available at the time of permit issuance and that 

would have justified the application of different permit conditions at the time of issuance; 

(4) A new or revised requirement(s) of any applicable standard or limitation is promulgated under Sections 

301(b)(2)(C), (D), (E), and (F), and 307(a)(2) of the FWPCA; 

 (5) Errors in calculation of discharge limitations or typographical or clerical errors were made; 

(6) To the extent allowed by ADEM Administrative Code, Rule 335-6-6-.17, when the standards or regulations 

on which the permit was based have been changed by promulgation of amended standards or regulations or 

by judicial decision after the permit was issued; 

(7) To the extent allowed by ADEM Administrative Code, Rule 335-6-6-.17, permits may be modified to change 

compliance schedules; 

(8) To agree with a granted variance under 30l(c), 30l(g), 30l(h), 30l(k), or 3l6(a) of the FWPCA or for 

fundamentally different factors; 

 (9) To incorporate an applicable 307(a) FWPCA toxic effluent standard or prohibition; 

 (10) When required by the reopener conditions in this permit; 

 (11) When required under 40 CFR 403.8(e) (compliance schedule for development of pretreatment program); 

(12) Upon failure of the state to notify, as required by Section 402(b)(3) of the FWPCA, another state whose 

waters may be affected by a discharge permitted by this permit; 

(13) When required to correct technical mistakes, such as errors in calculation, or mistaken interpretations of law 

made in determining permit conditions; or 

(14) When requested by the permittee and the Director determines that the modification has cause and will not 

result in a violation of federal or state law, regulations or rules; or 

 
PART III 

Page 11

5. This permit may be terminated during its term for cause, including but not limited to, the following: 

 a. Violation of any term or condition of this permit; 

b. The permittee's misrepresentation or failure to disclose fully all relevant facts in the permit application or during the 

permit issuance process or the permittee's misrepresentation of any relevant facts at any time; 

 

 c. Materially false or inaccurate statements or information in the permit application or the permit; 

d. A change in any condition that requires either a temporary or permanent reduction or elimination of the permitted 

discharge; 

 e. The permittee's discharge threatens human life or welfare or the maintenance of water quality standards; 

f. Permanent closure of the facility generating the wastewater permitted to be discharged by this permit or permanent 

cessation of wastewater discharge; 

g. New or revised requirements of any applicable standard or limitation that is promulgated under Sections 301(b)(2)(C), 

(D), (E), and (F), and 307(a)(2) of the FWPCA that the Director determines cannot be complied with by the permittee. 

 h. Any other cause allowed by the ADEM Administrative Code, Chapter 335-6-6. 

6. This permit may be suspended during its term for noncompliance until the permittee has taken action(s) necessary to achieve 

compliance. 

7. The filing of a request by the permittee for modification, suspension or revocation of this permit, in whole or in part, does not 

stay any permit term or condition. 

F. COMPLIANCE WITH TOXIC POLLUTANT STANDARD OR PROHIBITION

If any applicable effluent standard or prohibition (including any schedule of compliance specified in such effluent standard or prohibition) 

is established under Section 307(a) of the FWPCA, 33 U.S.C. Section 1317(a), for a toxic pollutant discharged by the permittee and such 

standard or prohibition is more stringent than any discharge limitation on the pollutant specified in Provision I. A. of this permit, or 

controls a pollutant not limited in Provision I. A. of this permit, this permit shall be modified to conform to the toxic pollutant effluent 

standard or prohibition and the permittee shall be notified of such modification. If this permit has not been modified to conform to the toxic 

pollutant effluent standard or prohibition before the effective date of such standard or prohibition, the permittee shall attain compliance 

with the requirements of the standard or prohibition within the time period required by the standard or prohibition and shall continue to 

comply with the standard or prohibition until this permit is modified or reissued. 

G. DISCHARGE OF WASTEWATER GENERATED BY OTHERS 

The discharge of wastewater, generated by any process, facility, or by any other means not under the operational control of the permittee 

or not identified in the application for this permit or not identified specifically in the description of an outfall in this permit is not 

authorized by this permit. 

PART III 

A. CIVIL AND CRIMINAL LIABILITY 

 1. Tampering 

Any person who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be 

maintained or performed under the permit shall, upon conviction, be subject to penalties as provided by the AWPCA. 

 

2. False Statements 

Any person who knowingly makes any false statement, representation, or certification in any record or other document submitted 

or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, 

upon conviction, be subject to penalties as provided by the AWPCA. 

 3. Permit Enforcement 
PART III 

Page 12

a. Any NPDES permit issued or reissued by the Department is a permit for the purpose of the AWPCA and the FWPCA 

and as such any terms, conditions, or limitations of the permit are enforceable under state and federal law. 

b. Any person required to have a NPDES permit pursuant to ADEM Administrative Code Chapter 335-6-6 and who 

discharges pollutants without said permit, who violates the conditions of said permit, who discharges pollutants in a 

manner not authorized by the permit, or who violates applicable orders of the Department or any applicable rule or 

standard of the Department, is subject to any one or combination of the following enforcement actions under applicable 

state statutes. 

 (1) An administrative order requiring abatement, compliance, mitigation, cessation, clean-up, and/or penalties; 

 (2) An action for damages; 

 (3) An action for injunctive relief; or 

(4) An action for penalties. 

c. If the permittee is not in compliance with the conditions of an expiring or expired permit the Director may choose to do 

any or all of the following provided the permittee has made a timely and complete application for reissuance of the 

permit: 

(1) initiate enforcement action based upon the permit which has been continued; 

(2) issue a notice of intent to deny the permit reissuance. If the permit is denied, the owner or operator would 

then be required to cease the activities authorized by the continued permit or be subject to enforcement 

action for operating without a permit; 

(3) reissue the new permit with appropriate conditions; or 

(4) take other actions authorized by these rules and AWPCA. 

 4. Relief from Liability 

Except as provided in Provision II. C. 1. (Bypass) and Provision II. C. 2. (Upset), nothing in this permit shall be construed to 

relieve the permittee of civil or criminal liability under the AWPCA or FWPCA for noncompliance with any term or condition of 

this permit. 

B. OIL AND HAZARDOUS SUBSTANCE LIABILITY 

Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, 

liabilities or penalties to which the permittee is or may be subject under Section 311 of the FWPCA, 33 U.S.C. Section 1321. 

C. PROPERTY AND OTHER RIGHTS

This permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any 

injury to persons or property or invasion of other private rights, or any infringement of federal, state, or local laws or regulations, nor does 

it authorize or approve the construction of any physical structures or facilities or the undertaking of any work in any waters of the state or 

of the United States. 

D. AVAILABILITY OF REPORTS

Except for data determined to be confidential under Code of Alabama 1975, Section 22-22-9(c), all reports prepared in accordance with the 

terms of this permit shall be available for public inspection at the offices of the Department. Effluent data shall not be considered 

confidential. 

E. EXPIRATION OF PERMITS FOR NEW OR INCREASED DISCHARGES

1. If this permit was issued for a new discharger or new source, this permit shall expire eighteen months after the issuance date if 

construction of the facility has not begun during the eighteen-month period. 

2. If this permit was issued or modified to allow the discharge of increased quantities of pollutants to accommodate the 

modification of an existing facility and if construction of this modification has not begun during the eighteen month period after 

issuance of this permit or permit modification, this permit shall be modified to reduce the quantities of pollutants allowed to be 

discharged to those levels that would have been allowed if the modification of the facility had not been planned. 
PART III 

Page 13

3. Construction has begun when the owner or operator has: 

 a. begun, or caused to begin as part of a continuous on-site construction program: 

 (1) any placement, assembly, or installation of facilities or equipment; or 

(2) significant site preparation work including clearing, excavation, or removal of existing buildings, structures, 

or facilities which is necessary for the placement, assembly, or installation of new source facilities or 

equipment; or 

(3) entered into a binding contractual obligation for the purpose of placement, assembly, or installation of 

facilities or equipment which are intended to be used in its operation within a reasonable time. Options to 

purchase or contracts which can be terminated or modified without substantial loss, and contracts for 

feasibility, engineering, and design studies do not constitute a contractual obligation under the paragraph. 

The entering into a lease with the State of Alabama for exploration and production of hydrocarbons shall also 

be considered beginning construction. 

F. COMPLIANCE WITH WATER QUALITY STANDARDS 

1. On the basis of the permittee's application, plans, or other available information, the Department has determined that compliance 

with the terms and conditions of this permit should assure compliance with the applicable water quality standards. 

2. Compliance with permit terms and conditions notwithstanding, if the permittee's discharge(s) from point sources identified in 

Provision I. A. of this permit cause or contribute to a condition in contravention of state water quality standards, the Department 

may require abatement action to be taken by the permittee in emergency situations or modify the permit pursuant to the 

Department's Rules, or both. 

3. If the Department determines, on the basis of a notice provided pursuant to this permit or any investigation, inspection or 

sampling, that a modification of this permit is necessary to assure maintenance of water quality standards or compliance with 

other provisions of the AWPCA or FWPCA, the Department may require such modification and, in cases of emergency, the 

Director may prohibit the discharge until the permit has been modified. 

G. GROUNDWATER 

Unless specifically authorized by a permit issued by the Department, the discharge of pollutants to groundwater is prohibited. Should a 

threat of groundwater contamination occur, the Director may require groundwater monitoring to properly assess the degree of the problem 

and the Director may require that the permittee undertake measures to abate any such discharge and/or contamination. 

H. DEFINITIONS 

1. Average monthly discharge limitation - means the highest allowable average of "daily discharges" over a calendar month, 

calculated as the sum of all "daily discharges" measured during a calendar month divided by the number of "daily discharges" 

measured during that month (zero discharge days shall not be included in the number of "daily discharges" measured and a less 

than detectable test result shall be treated as a concentration of zero if the most sensitive EPA approved method was used). 

2. Average weekly discharge limitation - means the highest allowable average of "daily discharges" over a calendar week, 

calculated as the sum of all "daily discharges" measured during a calendar week divided by the number of "daily discharges" 

measured during that week (zero discharge days shall not be included in the number of "daily discharges" measured and a less 

than detectable test result shall be treated as a concentration of zero if the most sensitive EPA approved method was used). 

3. Arithmetric Mean – means the summation of the individual values of any set of values divided by the number of individual 

values. 

4. AWPCA - means the Alabama Water Pollution Control Act. 

5. BOD – means the five-day measure of the pollutant parameter biochemical oxygen demand. 

6. Bypass - means the intentional diversion of waste streams from any portion of a treatment facility. 

7. CBOD – means the five-day measure of the pollutant parameter carbonaceous biochemical oxygen demand. 

8. Daily discharge - means the discharge of a pollutant measured during any consecutive 24-hour period in accordance with the 

sample type and analytical methodology specified by the discharge permit. 

 9. Daily maximum - means the highest value of any individual sample result obtained during a day. 
PART III 

Page 14 

 10. Daily minimum - means the lowest value of any individual sample result obtained during a day. 

 11. Day - means any consecutive 24-hour period. 

 12. Department - means the Alabama Department of Environmental Management. 

 13. Director - means the Director of the Department. 

14. Discharge - means "[t]he addition, introduction, leaking, spilling or emitting of any sewage, industrial waste, pollutant or other 

waste into waters of the state". Code of Alabama 1975, Section 22-22-1(b)(9). 

15. Discharge Monitoring Report (DMR) - means the form approved by the Director to accomplish reporting requirements of an 

NPDES permit. 

16. DO – means dissolved oxygen. 

17. 8HC – means 8-hour composite sample, including any of the following: 

a. The mixing of at least 5 equal volume samples collected at constant time intervals of not more than 2 hours over a 

period of not less than 8 hours between the hours of 6:00 a.m. and 6:00 p.m. If the sampling period exceeds 8 hours, 

sampling may be conducted beyond the 6:00 a.m. to 6:00 p.m. period. 

b. A sample continuously collected at a constant rate over period of not less than 8 hours between the hours of 6:00 a.m. 

and 6:00 p.m. If the sampling period exceeds 8 hours, sampling may be conducted beyond the 6:00 a.m. to 6:00 p.m. 

period. 

18. EPA - means the United States Environmental Protection Agency. 

19. FC – means the pollutant parameter fecal coliform. 

20. Flow – means the total volume of discharge in a 24-hour period. 

21. FWPCA - means the Federal Water Pollution Control Act. 

22. Geometric Mean – means the Nth root of the product of the individual values of any set of values where N is equal to the number 

of individual values. The geometric mean is equivalent to the antilog of the arithmetric mean of the logarithms of the individual 

values. For purposes of calculating the geometric mean, values of zero (0) shall be considered one (1). 

23. Grab Sample – means a single influent or effluent portion which is not a composite sample. The sample(s) shall be collected at 

the period(s) most representative of the discharge. 

24. Indirect Discharger – means a nondomestic discharger who discharges pollutants to a publicly owned treatment works or a 

privately owned treatment facility operated by another person. 

25. Industrial User – means those industries identified in the Standard Industrial Classification manual, Bureau of the Budget 1967, 

as amended and supplemented, under the category “Division D – Manufacturing” and such other classes of significant waste 

producers as, by regulation, the Director deems appropriate. 

26. MGD – means million gallons per day. 

27. Monthly Average – means, other than for fecal coliform bacteria, the arithmetic mean of all the composite or grab samples taken 

for the daily discharges collected in one month period. The monthly average for fecal coliform 

bacteria is the geometric mean of daily discharge samples collected in a one month period. The monthly average for flow is the

arithmetic mean of all flow measurements taken in a one month period. 

28. New Discharger – means a person, owning or operating any building, structure, facility or installation: 

a. from which there is or may be a discharge of pollutants; 

b. that did not commence the discharge of pollutants prior to August 13, 1979, and which is not a new source; and 

c. which has never received a final effective NPDES permit for dischargers at that site. 

29. NH3-N – means the pollutant parameter ammonia, measured as nitrogen. 

30. Permit application - means forms and additional information that is required by ADEM Administrative Code Rule 335-6-6-.08 

and applicable permit fees. 
PART III 

Page 15 

31. Point source - means "any discernible, confined and discrete conveyance, including but not limited to any pipe, channel, ditch, 

tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating 

craft, . . . from which pollutants are or may be discharged." Section 502(14) of the FWPCA, 33 U.S.C. Section 1362(14). 

32. Pollutant - includes for purposes of this permit, but is not limited to, those pollutants specified in Code of Alabama 1975, Section 

22-22-1(b)(3) and those effluent characteristics specified in Provision I. A. of this permit. 

33. Privately Owned Treatment Works – means any devices or system which is used to treat wastes from any facility whose operator 

is not the operator of the treatment works, and which is not a “POTW”. 

34. Publicly Owned Treatment Works – means a wastewater collection and treatment facility owned by the State, municipality, 

regional entity composed of two or more municipalities, or another entity created by the State or local authority for the purpose 

of collecting and treating municipal wastewater. 

35. Receiving Stream – means the “waters” receiving a “discharge” from a “point source”. 

36. Severe property damage - means substantial physical damage to property, damage to the treatment facilities which causes them 

to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the 

absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. 

37. Significant Source – means a source which discharges 0.025 MGD or more to a POTW or greater than five percent of the 

treatment work’s capacity, or a source which is a primary industry as defined by the U.S. EPA or which discharges a priority or

toxic pollutant. 

38. TKN – means the pollutant parameter Total Kjeldahl Nitrogen. 

39. TON – means the pollutant parameter Total Organic Nitrogen. 

40. TRC – means Total Residual Chlorine. 

41. TSS – means the pollutant parameter Total Suspended Solids. 

42. 24HC – means 24-hour composite sample, including any of the following: 

a. the mixing of at least 12 equal volume samples collected at constant time intervals of not more than 2 hours over a 

period of 24 hours; 

b. a sample collected over a consecutive 24-hour period using an automatic sampler composite to one sample. As a 

minimum, samples shall be collected hourly and each shall be no more than one twenty-fourth (1/24) of the total 

sample volume collected; 

c. a sample collected over a consecutive 24-hour period using an automatic composite sampler composited proportional 

to flow. 

43. Upset - means an exceptional incident in which there is an unintentional and temporary noncompliance with technology-based 

permit discharge limitations because of factors beyond the reasonable control of the permittee. An upset does not include 

noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, 

lack of preventive maintenance, or careless or improper operation. 

44. Waters - means "[a]ll waters of any river, stream, watercourse, pond, lake, coastal, ground or surface water, wholly or partially 

within the state, natural or artificial. This does not include waters which are entirely confined and retained completely upon the 

property of a single individual, partnership or corporation unless such waters are used in interstate commerce." Code of Alabama

1975, Section 22-22-1(b)(2). Waters "include all navigable waters" as defined in Section 502(7) of the FWPCA, 22 U.S.C. 

Section 1362(7), which are within the State of Alabama. 

45. Week - means the period beginning at twelve midnight Saturday and ending at twelve midnight the following Saturday. 

46. Weekly (7-day and calendar week) Average – is the arithmetic mean of all samples collected during a consecutive 7-day period 

or calendar week, whichever is applicable. The calendar week is defined as beginning on Sunday and ending on Saturday. 

Weekly averages shall be calculated for all calendar weeks with Saturdays in the month. If a calendar week overlaps two months

(i.e., the Sunday is in one month and the Saturday in the following month), the weekly average calculated for the calendar week

shall be included in the data for the month that contains the Saturday. 
PART IV 

Page 16 

I. SEVERABILITY 

The provisions of this permit are severable, and if any provision of this permit or the application of any provision of this permit to any 

circumstance is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be 

affected thereby. 

PART IV 

A. DISCHARGE INFORMATION ZONE (DIZ) REQUIREMENTS 

1. The permittee shall, upon request for a permit renewal perform a sediment and benthic community characterization 

utilizing the same sampling locations approved in the original DIZ study plan, unless a modified study plan is 

approved by the Department. The DIZ monitoring shall be repeated if the permittee fails accelerated testing and is 

required to initiate a Toxicity Reduction Evaluation (TRE) pursuant to Part IV.C. of this permit. 

2. Monitoring shall be conducted during the same season as the original characterization and shall conform to the DIZ 

study plan, unless otherwise approved by the Department. Monitoring results shall be submitted to the Department 

along with the application for permit renewal or with the discharge monitoring report form in the event that repeated 

monitoring is required. 

3. The permittee shall not allow biological damage or adverse water quality impacts to occur at the perimeter or outside 

the boundaries of the original characterization. If the biological monitoring shows evidence of biological damage or 

adverse water quality impacts at the perimeter, or outside the boundaries of the original characterization, the 

permittee will be in violation of this permit, unless the permittee can demonstrate that the cause of adverse impacts 

are due to a source other than the permittee’s discharge, and will be required within 30 days after becoming aware of 

the violation to submit a plan to correct and eliminate the biological damage and adverse water quality impacts 

caused by the discharge. 

4. The Department may suspend or other wise modify the DIZ monitoring requirements if: 

a. The Department determines, through review of discharger information and/or its own monitoring efforts, that 

the discharge is having no significant impact to coastal resources beyond 400 feet of the discharge point; or 

b. The Department determines, through review of the discharge information and/or its own monitoring efforts, 

that the discharge monitoring is inadequate to detect significant impacts to coastal resources beyond 400 

feet of the discharge point; or 

c. The Department determines, based on available biological and chemical data that, due to the nature of the 

discharge, no significant impacts to coastal resources will occur beyond 400 feet of the discharge point; or 

d. Deemed necessary by the Department to ensure protection of coastal resources. 

B. BEST MANAGEMENT PRACTICES (BMP) PLAN REQUIREMENTS 

1. BMP Plan 

The permittee shall develop and implement a Best Management Practices (BMP) Plan which prevents, or minimizes 

the potential for, the release of pollutants from ancillary activities, including material storage areas; plant site runoff; 

in-plant transfer, process and material handling areas; loading and unloading operations, and sludge and waste 

disposal areas, to the waters of the State through plant site runoff; spillage or leaks; sludge or waste disposal; or 

drainage from raw material storage. 

2. Plan Content 

The permittee shall prepare and implement a best management practices (BMP) plan, which shall: 

a. Establish specific objectives for the control of pollutants: 

(1) Each facility component or system shall be examined for its potential for causing a release of significant 

amounts of pollutants to waters of the State due to equipment failure, improper operation, natural 

phenomena such as rain or snowfall, etc. 
PART IV 

Page 17 

(2) Where experience indicates a reasonable potential for equipment failure (e.g., a tank overflow or 

leakage), natural condition (e.g. precipitation), or circumstances to result in significant amounts of 

pollutants reaching surface waters, the plan should include a prediction of the direction, rate of flow, and 

total quantity of pollutants which could be discharged from the facility as a result of each condition or 

circumstance. 

b. Establish specific best management practices to meet the objectives identified under paragraph a. of this 

section, addressing each component or system capable of causing a release of significant amounts of 

pollutants to the waters of the State, and identifying specific preventative or remedial measures to be 

implemented; 

c. Establish a program to identify and repair leaking equipment items and damaged containment structures, 

which may contribute to contaminated storm water runoff. This program must include regular visual 

inspections of equipment, containment structures and of the facility in general to ensure that the BMP is 

continually implemented and effective. 

d. Prevent the spillage or loss of fluids, oil, grease, gasoline, etc. from vehicle and equipment maintenance 

activities and thereby prevent the contamination of storm water from these substances; 

e. Prevent or minimize storm water contact with material stored on site; 

d. Designate by position or name the person or persons responsible for the day to day implementation of the 

BMP; 

f. Provide for routine inspections, on days during which the facility is manned, of any structures that function to 

prevent storm water pollution or to remove pollutants from storm water and of the facility in general to ensure 

that the BMP is continually implemented and effective; 

g. Provide for the use and disposal of any material used to absorb spilled fluids that could contaminate storm 

water; 

h. Develop a solvent management plan, if solvents are used on site. The solvent management plan shall 

include as a minimum lists of the total organic compounds on site; the method of disposal used instead of 

dumping, such as reclamation, contract hauling; and the procedures for assuring that toxic organics do not 

routinely spill or leak into the storm water; 

i. Provide for the disposal of all used oils, hydraulic fluids, solvent degreasing material, etc. in accordance with 

good management practices and any applicable state or federal regulations; 

j. Include a diagram of the facility showing the locations where storm water exits the facility, the locations of 

any structures or other mechanisms intended to prevent pollution of storm water or to remove pollutants from 

storm water, the locations of any collection and handling systems; 

k. Provide control sufficient to prevent or control pollution of storm water by soil particles to the degree required 

to maintain compliance with the water quality standard for turbidity applicable to the waterbody(s) receiving 

discharge(s) under this permit; 

l. Provide spill prevention, control, and/or management sufficient to prevent or minimize contaminated storm 

water runoff. Any containment system used to implement this requirement shall be constructed of materials 

compatible with the substance(s) contained and shall prevent the contamination of groundwater. The 

containment system shall also be capable of retaining a volume equal to 110 percent of the capacity of the 

largest tank for which containment is provided; 

m. Provide and maintain curbing, diking or other means of isolating process areas to the extent necessary to 

allow segregation and collection for treatment of contaminated storm water from process areas; 

n. Be reviewed by plant engineering staff and the plant manager; and 

o. Bear the signature of the plant manager. 

3. Compliance Schedule 

The permittee shall have prepared and fully implemented the BMP upon the effective date of this permit. 
PART IV 

Page 18 

4. Department Review 

a. When requested by the Director or his designee, the permittee shall make the BMP available for Department 

review. 

b. The Director or his designee may notify the permittee at any time that the BMP is deficient and require 

correction of the deficiency. 

c. The permittee shall correct any BMP deficiency identified by the Director or his designee within 30 days of 

receipt of notification and shall certify to the Department that the correction has been made and 

implemented. 

5. Administrative Procedures 

a. A copy of the BMP shall be maintained at the facility and shall be available for inspection by representatives 

of the Department. 

b. A log of the routine inspection required above shall be maintained at the facility and shall be available for 

inspection by representatives of the Department. The log shall contain records of all inspections performed 

for the last three years and each entry shall be signed by the person performing the inspection. 

c. The permittee shall provide training for any personnel required to implement the BMP and shall retain 

documentation of such training at the facility. This documentation shall be available for inspection by 

representatives of the Department. Training shall be performed prior to the date that implementation of the 

BMP is required. 

d. BMP Plan Modification. The permittee shall amend the BMP plan whenever there is a change in the facility 

or change in operation of the facility which materially increases the potential for the ancillary activities to 

result in a discharge of significant amounts of pollutants. 

e. BMP Plan Review. The permittee shall complete a review and evaluation of the BMP plan at least once every three 

years from the date of preparation of the BMP plan. Documentation of the BMP Plan review and evaluation shall be 

signed and dated by the Plant Manager. 

C. EFFLUENT TOXICITY LIMITATIONS AND BIOMONITORING REQUIREMENTS FOR A&I STREAM CLASSIFICATION 

1. The permittee shall perform 24-hour acute toxicity screening tests on the wastewater discharges required to be tested 

for acute toxicity by Part I of this permit. 

a. Test Requirements 

(1) The samples shall be diluted, using appropriate control water, to the Instream Waste 

Concentration (IWC) which is 5.75 % effluent. The IWC is the actual concentration of effluent, 

after mixing, in the receiving stream during a 7-day, 10-year flow period. 

(2) Any test that results show less than 90% survival and statistically lower than in the control indicate 

acute toxicity and constitute noncompliance with this permit. 

b. General Test Requirements 

(1) The sample for the monitoring test shall be prepared by combining flow proportioned aliquots from 

grab samples for DSN001 and DSN002. The holding time for each sample shall not exceed 36 

hours. The control water shall be a water prepared in the laboratory in accordance with the EPA 

procedure referenced below or another control water selected by the permittee and approved by the 

Department. 

(2) Effluent toxicity tests in which the control survival is less than 90% or in which the other 

requirements of the EPA Test Procedure are not met shall be unacceptable and the permittee shall 

rerun the tests as soon as practical within the monitoring period. 
c. Reporting Requirements 

PART IV 

Page 19 

Biomonitoring test results obtained during each monitoring period shall be summarized and reported using 

the appropriate report form approved by the Department. Two copies of the test results must be submitted 

to the Department no later than 28 days after the month in which the tests were performed. 

d. Additional Testing Requirements 

(1) The Department shall be notified in writing within 48 hours after toxicity has been demonstrated by 

the scheduled test(s). 

(2) If acute toxicity is indicated (noncompliance with permit limit), the permittee shall perform four 

additional acute toxicity tests in accordance with these procedures to determine the extent and 

duration of the toxic condition. The toxicity tests shall be performed once per week and shall be 

performed during the first four calendar weeks following the date on which the permittee became 

aware of the permit noncompliance and the results of these tests shall be submitted no later than 

28 days following the month in which the tests were performed. 

(3) After evaluation of the results of the follow-up tests, the Department will determine if additional 

action is appropriate and may require additional testing and/or toxicity reduction measures. The 

permittee may be required to perform a Toxicity Identification Evaluation (TIE) and/or a Toxicity 

Reduction Evaluation (TRE). The TIE/TRE should be performed in accordance with protocol 

outline in EPA/600/6-91/003, EPA/600/6-91/005F, EPA/600/R-92/080, EPA/600/R-92/081 and/or 

EPA/600/2-88/062. 

e. Test Methods 

(1) The tests shall be performed in accordance with the latest edition of the “EPA Method for 

Measuring the Acute Toxicity of Effluents to Freshwater and Marine Organisms” and shall be 

performed using the fathead minnow (Pimephales promelas). 

2. Effluent Toxicity Testing Reports 

a. The following information shall be submitted with each discharge monitoring report. 

(1) Facility name and location 

(2) Permit number 

(3) Toxicity testing requirements of permit 

(4) Name of receiving water body 

b. Source of Effluent and Dilution Water 

(1) Effluent samples 

(a) Sampling point 

(b) Collection dates and times 

(c) Sample collection method 

(d) Physical and chemical data 

(dissolved oxygen, water temperature, pH, alkalinity, hardness, specific conductance) 

(e) Total flow rate for the day each sample is collected 

(2) Dilution Water 

(a) Source 

(b) Collection/preparation date(s) and time(s) 

(c) Pretreatment (if applicable) 

(d) Physical and chemical characteristics 
(dissolved oxygen, water temperature, pH, alkalinity, hardness, specific conductance) 

PART IV 

Page 20 

c. Test Methods 

(1) Toxicity test method utilized 

(2) End point(s) of test 

(3) Deviations from referenced method, if any, and reasons 

(4) Date and time test started 

(5) Date and time test terminated 

(6) Type and volume of test chambers 

(7) Volume of solution per chamber 

(8) Number of organisms per test chamber 

(9) Number of replicate test chambers per treatment 

(10) Test temperature (mean and range) 

d. Test Organisms 

(1) Scientific name 

(2) Life stage and age 

(3) Source 

(4) Disease treatment (if applicable) 

e. Quality Assurance 

(1) Standard toxicant utilized and source 

(2) Date and time of most recent test 

(3) Dilution water utilized in test 

(4) Results (LC50, NOEC, etc.) 

(5) Physical and chemical methods utilized 

f. Results 

(1) Provide copies of laboratory bench sheets of all raw data 

(a) Physical/chemical data for test concentrations 

(b) Biological data – daily records on organisms 

(2) Indicate statistical methods utilized to calculate endpoints and provide copies of calculations. 

(3) Provide summary tables of calculations (LC50, NOEC, etc.) and physical/chemical data. 

Adapted from “Methods For Measuring the Acute Toxicity of Effluents and Receiving Waters To Freshwater and Marine 

Organisms”, Fourth Edition, Weber, C.I., et al., August 1993 (EPA/600/4-90/027F), Section 12, Report Preparation 

D. EFFLUENT TOXICITY LIMITATIONS AND BIOMONITORING REQUIREMENTS FOR LWF STREAM CLASSIFICATION 

1. The permittee shall perform short-term chronic toxicity tests on the wastewater discharges required to be tested for 

chronic toxicity by Part I of this permit. 

a. Test Requirements, Screening Test

(1) The samples shall be diluted, using appropriate control water, to the Instream Waste Concentration 

(IWC) which is 3.54% effluent. The IWC is the actual concentration of effluent, after mixing, in the 

receiving stream during a 7-day, 10-year flow period. 
(2) Any test result that show a statistically significant reduction in survival, growth or reproduction 

between the control and the test at the 95% confidence level indicate chronic toxicity and constitute 

noncompliance with this permit. 

PART IV 

Page 21 

 

b. General Test Requirements 

(1) A minimum of three (3) 24-hour composite samples shall be obtained for use in the above 

biomonitoring tests and collected every other day so that the laboratory receives water samples on 

the first, third and fifth day of the seven-day test period. The holding time for each composite 

sample shall not exceed 36 hours. The control water shall be a water prepared in the laboratory in 

accordance with the EPA procedure referenced above or another control water selected by the 

permittee and approved by the Department. 

(2) Effluent toxicity tests in which the control survival is less than 80% or in which the other 

requirements of the EPA Test Procedure are not met shall be unacceptable and the permittee shall 

rerun the tests as soon as practical within the monitoring period. 

c. Reporting Requirements 

 

 (1) Biomonitoring test results obtained during each monitoring period shall be summarized 

and reported using the appropriate report form approved by the Department. Two copies of the test results 

must be submitted to the Department no later than 28 days after the month in which the tests were 

performed. 

d. Additional Testing Requirements 

(1) If chronic toxicity is indicated (noncompliance with permit limit), the permittee shall perform two 

additional chronic toxicity tests in accordance with these procedures to determine the extent and 

duration of the toxic condition. The toxicity tests shall be performed once per week and shall be 

performed during the first two calendar weeks following the date on which the permittee became 

aware of the permit noncompliance and the results of these tests shall be submitted no later than 

28 days following the month in which the tests were performed. 

(2) After evaluation of the results of the follow-up tests, the Department will determine if additional 

action is appropriate and may require additional testing and/or toxicity reduction measures. The 

permittee may be required to perform a Toxicity Identification Evaluation (TIE) and/or a Toxicity 

Reduction Evaluation (TRE). The TIE/TRE should be performed in accordance with protocol 

outline in EPA/600/2-88/062, EPA/600/R-92/080, EPA/600/R-92/081, EPA/833/B-99/002and/or 

EPA/600/6-91/005F. 

e. Test Methods 

(1) The tests shall be performed in accordance with the latest edition of the “EPA Short-Term Methods 

for Estimating the Chronic Toxicity of Effluents and Receiving Waters to Freshwater Organisms.” 

The Larval Survival and Growth Test, Methods 1000.0, shall be used for the fathead minnow 

(Pimephales promelas) test and the Survival and Reproduction Test, Method 1002.0, shall be used 

for the cladoceran (Ceriodaphnia dubia) test. 

2. EFFLUENT TOXICITY TESTING REPORTS 

a. The following information shall be submitted with each discharge monitoring report. The Department may at 

any time suspend or reinstate this requirement or may decrease or increase the frequency of submittals. 

(1) Facility name and location 

(2) Permit number 

(3) Toxicity testing requirements of permit 
(4) Name of receiving water body 

b. Source of Effluent and Dilution Water 

(1) Effluent samples 

PART IV 

Page 22 

(a) Sampling point 

(b) Collection dates and times ( composite sample start and finish times) 

(c) Sample collection method 

(d) Physical and chemical data 

(total flow rate during the time a composite sample is taken, dissolved oxygen, water 

temperature, pH, alkalinity, hardness, specific conductance) 

(2) Dilution Water 

(a) Source 

(b) Collection/preparation date(s) and time(s) 

(c) Pretreatment (if applicable) 

(d) Physical and chemical characteristics 

 (dissolved oxygen, water temperature, pH, alkalinity, hardness, specific conductance) 

c. Test Methods 

(1) Toxicity test method utilized 

(2) End point(s) of test 

(3) Deviations from referenced method, if any, and reasons 

(4) Date and time test started 

(5) Date and time test terminated 

(6) Type and volume of test chambers 

(7) Volume of solution per chamber 

(8) Number of organisms per test chamber 

(9) Number of replicate test chambers per treatment 

(10) Test temperature (mean and range) 

d. Test Organisms 

(1) Scientific name 

(2) Life stage and age 

(3) Source 

(4) Disease treatment (if applicable) 

e. Quality Assurance 

(1) Standard toxicant utilized and source 

(2) Date and time of most recent test 

(3) Dilution water utilized in test 

(4) Results (LC50, NOEC, etc.) 

(5) Physical and chemical methods utilized 

f. Results 

(1) Provide copies of laboratory bench sheets of all raw data 

(a) Physical/chemical data for test concentrations 

(b) Biological data – daily records on organisms 

(2) Indicate statistical methods utilized to calculate endpoints and provide copies of calculations. 

(3) Provide summary tables of calculations (LC50, NOEC, etc.) and physical/chemical data. 
Adapted from “Short-Term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Waters to Freshwater Organisms”, 

Third Edition, Lewis, Philip, et al., July 1994 (EPA/600/4-91/002), Section 10, Report Preparation 

PART IV 

Page 23 

E. STORM WATER FLOW MEASUREMENT AND SAMPLING REQUIREMENTS 

1. Storm Water Flow Measurement 

a. All storm water samples shall be collected from the discharge resulting from a storm event that is greater 

than 0.1 inches. 

b. The total volume of storm water discharged for the event must be monitored, including the date and duration 

(in hours) and rainfall (in inches) for storm event(s) sampled. The duration between the storm event sampled 

and the end of the previous measurable (greater than 0.1 inch rainfall) storm event must be a minimum of 72 

hours. This information must be recorded as part of the sampling procedure and records retained according 

to Part I.B.4.b. of this permit. 

c. The volume may be measured using flow measuring devices, or estimated based on a modification of the 

Rational Method using total depth of rainfall, the size of the drainage area serving a storm water outfall, and 

an estimate of the runoff coefficient of the drainage area. This information must be recorded as part of the 

sampling procedure and records retained according to Part I.B.4.b. of this permit. 

2. Storm Water Sampling 

a. A grab sample, if required by this permit, shall be taken during the first thirty minutes of the discharge (or as 

soon thereafter as practicable); and a flow-weighted composite sample, if required by this permit, shall be 

taken for the entire event or for the first three hours of the event. 

b. All test procedures will be in accordance with part I.B.2. of this permit.